Is drinking alcohol considered drunk driving Is drinking alcohol considered drunk driving

Drinking driving must be defined as driving a vehicle on the road after drinking alcohol, and the blood alcohol content per 100 milliliters is greater than or equal to 20 mg and less than 80 mg is driving after drinking; A blood alcohol content greater than or equal to 80 mg per 100 millilitres is considered drunk driving. Drinking and driving is an illegal act, and the public security traffic police shall give administrative punishment; Driving while intoxicated constitutes a crime and must be investigated for criminal responsibility in accordance with the law.

Legal basis: 1. According to the provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522-2004) issued by the State Quality Supervision, Inspection and Quarantine Bureau, drivers with a blood alcohol content greater than or equal to 20 mg per 100 ml and less than 80 mg per 100 ml of blood alcohol content are driving after drinking; A blood alcohol content greater than or equal to 80 mg per 100 millilitres is considered drunk driving.

2. Article 91 of the Road Traffic Safety Law Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

According to the provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522-2004) issued by the State Bureau of Quality Supervision, Inspection and Quarantine, the regulations point out that drinking and driving refers to the driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml. Drunk driving refers to the driving behavior of the driver of a vehicle with a blood alcohol content greater than or equal to 80mg 100ml.

It depends on the specific situation, just sitting in the car and not driving and drinking is not considered drunk driving, if it is drinking while driving, it is counted. Drunk driving literally refers to the act of driving a motor vehicle after drinking alcohol, while generally drunk driving refers to the act of driving under the influence of alcohol, including motor vehicles and non-motor vehicles.

According to the relevant provisions of the Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers, the range standard for drinking and driving is that the amount of alcohol contained in each 100ml of blood is greater than or equal to 20mg and less than 80mg; The standard for drunk driving is that the amount of alcohol per 100ml of blood is greater than or equal to 80mg. Article 133 of the Criminal Law: Whoever drives a motor vehicle on a road to chase and race, and the circumstances are heinous, or who drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

Whoever violates traffic and transportation management regulations, thereby causing serious injury or death to a person or causing major losses to public or private property, is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention for those who are in a state of concealment; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.